Wheeling register. [volume] (Wheeling, W. Va.) 1878-1935, 1887-03-22
B0ODLER CLEARY.
A New witness-Argumentsf for the Defense
Begun.

NEw YORK, March 2l.-The trial Of ex
Alderman Cleary, for bribery, was contin
ued to-day in the Court of Oyer and Ter
miner.
George B. Powell, mechanical engineer
was the first witness.
He was an employ of the Broadway Sur
face Railway Company in 1884, his bust
ness being TO solicit the sanction of Broad
way property holders and business men t.
the giving of the franchise to the Broadway
Company.
He did not obtain the consent of major.
ity. He said Maloney, Keenan, and De,
Lach were frequenters of the office OF the
Broadway road after May or June, 1884.
Chas. Z. Miller, Of the law firm Of
Devlln & Miller, was a new witness. He
testified that rs counsel for Caroline Horner
aud Albertina Matthews, he sold TO
Stephen A. Walker, as attorney for Thomas
Cleary, in November, 1885, piece OF
Cedar street property for which 81, 900
was paid, $40, 900 of that amount being in
81 600 bills.
Mr.. Walker then took the stand and
testified that he was not sure that the
money paid was in 81, 900 bills.
THE MEETING WAS ILLEGAL.
Corporation Counsel f. Henry LacOmbe
testified that he knew nothing about the
settlement of the action of the Lyddys
against the city until after it was cOnsum-
mated.
On cross-exanlination the witness said
he had no doubt that the meeting of the
Board of Aldermen held at 3 o'clock on
Saturday morning, August 30, 1884, was
illegal for lack of notice, and that Its action
conferred no rights on any one. He said
that the second injunction obtained by
him at the instigatiOn of Mayor Edison
was on the ground that the Board OF Alder
men could not legally give y consent to
the Broadway road recognizing an agree
ment between that road and the Seventh
avenue road which was in itself illegal.
Mr.. Bright was heard by Justice Barrett
in opposition to that injunction on Novem-
Der II and then Justice Barrett modified
the injunction, permitting the Board TO
grant tue franchise under certain cOntin-
gent agreements of the Broadway road.
The franchise was passed next day.
MR.. LACONBE APPROVED IT.
The witness said there was no discussion
concerning arrival at 4 conclusion between
him, Mr.. Bright, Mr.. COzzens and Justice
Barrett The franchise was passed in
consequence of Justice Barrett's order, and
therefore there was no action in the matter
by the city. As Corporation Counsel, Mr..
LacOmbe approved it. He regarded the
stipulatiOns of the franchise as sufficient to
protect the city in the matter OF the per-
centages and that the $40, 600 rental for the
road to the city was not far out OF the way.
The percentages and rental had been paid
regularly ever since The percentages
amounted to $9,S7 from June, 1856,
when the road was completed, 10 Septem-
Der 30, lSSj. The first years rental, SiO,-
900, was paid last June On September
80 last the percentage WAS paid again. 1t
amounted to $3l ,0i9, making total Of
$50, 900 paid by the road. All the other
city roads in eleven years have paid only
Sl7S, 600.
Mr.. Shaler then offered the usual mo-
tions that Cleary could not be convicted ON
the first count, as an Alderman was not 4
State officer; that the testimony of Full
grail and Duffy be stricken out rs per
iurers, and TO discharge Clcary on the
ground OF lack OF evidence They were
denied by Court on another trial.
The motions being denied, Mr.. Shafer
began his address to the jury.
ARGUMENT FOR THE DEFENSE.
Mr.. Shater, in opening for the defense,
expressed his astOnishment that in the
face OF the evidence of Mr.. Lacombe that
Cleary should be held for crime punish
able with ten years i'll prison, rendering
his mOtherless boys and girls orphans, for
doing what was sanctioned by his Honor
himself and endorsed by Mr. LacOmbe as
Corporation Counsel.
The advocate claimed that Cleary was
not Il rich man, but was paying for his de-
fense out of the little money he had ac-
cumulated. The Equitable Insurance
Company was not paving cent. Cleary
was their trusted emplOye. When he was
indicted he rendered his resignation TO the
company hut they refused it.
NJ. Shaier spoke Of Katie Metz ''as the
giddy girl" He spoke OF Clcary's early
life and his struggles when he had no time
for the study OF those accomplishments
which grace the District Attorneys Office.
Cleary knew that the Broadway and Sew
enth Avenue and carry passengers from the
Battery To Central Park for one fare and
without change of cars. Mr.. Schafer said
the newspapers had tried to frighten Cleary
out OF the city. Inducements had been Of
fered to him to run away, but he remained
like an honest man 10 meet his aCcuSers
Tie spoke of the story of Katie Metz az
gotten up by Detective Robertson, whom
the prosecution dared not put upon the
stand.